Judges: Stamp J Citations: (1971) LR7 RP 336 Statutes: Restrictive Trade Practices Act 1976 Jurisdiction: England and Wales Cited by: Cited – MD Foods v Baines and others; Associated Dairies Ltd v Baines and Others HL 27-Feb-1997 The appellant dairy sold milk to the defendant roundsmen, each agreeing not to sell milk by retail to … Continue reading Registrar of Restrictive Trading Agreements v Schweppes Ltd (No. 2): 1971
ECJ 1. National rules or practices which result in imports being channelled in such a way that only certain traders can effect these imports, whereas others are prevented from doing so, constitute a measure having an effect equivalent to a quantitative re- striction within the meaning of article 30 of the treaty. 2. National rules … Continue reading Adriaan De Peijper, Managing Director of Centrafarm Bv: ECJ 20 May 1976
A milkman’s round agreement with the dairy supplying him with milk for sale, was registerable as a restrictive agreement if the words so require despite alternative remedies, and even though in this instance it might be borderline. Citations: Gazette 19-Jul-1995, Times 06-Jul-1995 Statutes: Restrictive Trade Practices Act 1976 9(3) Jurisdiction: England and Wales Citing: Appealed … Continue reading Associated Dairies Ltd v Baines and Others: CA 6 Jul 1995
Agreements had been made controlling the broadcasting of football matches. The director general sought to challenge them as restrictive practices, since the individual clubs had signed away their right themselves to arrange for the broadcasting of their matches. The Premier league constitution required the clubs to surrender certain rights to it. Exclusive rights had been … Continue reading The Football Association Premier League Limited, The Football Association Limited, The Football League Limited (And Their Respective Member Clubs) v British Sky Broadcasting Limited, British Broadcasting Limited: RPC 28 Jul 1999
No Judicial Review of Decisions of Private Body Despite the wide range of its powers, the disciplinary committee of the Jockey Club remains a domestic tribunal. Judicial review is not available to a member. The relationship is in contract between the club and its member. Sir Thomas Bingham MR said: ‘No serious racecourse management, owner, … Continue reading Regina v Disciplinary Committee of the Jockey Club, ex parte Aga Khan: CA 4 Dec 1992
A restriction in terms of the 1976 Act was not accepted merely by the agreement with the landlord. The tenant, in taking the lease, did not restrict a pre-existing freedom to trade on the demised premises, but rather obtained a new, but limited, freedom to trade there. Judges: Mocatta P Citations: [1978] 1 QB 52 … Continue reading Re Ravenseft Properties Ltd’s Application: 1978
Tenants in a shopping precinct sought to enforce restrictive covenants directly against other tenants. Held: The leases were in the same form, and covenants had been imposed to restrict the uses to avoid conflict. The scheme had the characteristics required of a letting scheme. It was not necessary to look beyond the leases themselves. The … Continue reading Williams, Williams v Kiley T/A CK Supermarkets Limited: CA 21 Nov 2002
The appellant dairy sold milk to the defendant roundsmen, each agreeing not to sell milk by retail to the others customers. The defendant began to buy his milk elsewhere, and claimed the agreement should have been registered as a restrictive trade practice. Held: The agreement did not come within the first exemption from registration. The … Continue reading MD Foods v Baines and others; Associated Dairies Ltd v Baines and Others: HL 27 Feb 1997
A restrictive practice on advertising imposed by the Law Society of Scotland related to legal practice and so was exempt from registration. Citations: Times 20-Feb-1996 Statutes: Restrictive Trade Practices Act 1976 26 Commercial, Legal Professions Updated: 15 May 2022; Ref: scu.77609
Before granting leave to review the exemption of a class of goods from the resale price maintenance prohibition, there must be established prima facie evidence of a material change in circumstances, which might have led the earlier court to a different conclusion. Citations: Times 14-Apr-1999 Statutes: Resale Prices Act 1976 17 Jurisdiction: England and Wales … Continue reading In Re Medicaments and Related Classes of Goods: RPC 14 Apr 1999
The appellant was now 18 years old. In July 2010 two newspapers published an image of him. He was at that time barely 14 years old. These photographs had been published by the newspapers at the request of the police. The publication of the appellant’s photographs and those of others who had been involved in … Continue reading JR38, Re Application for Judicial Review (Northern Ireland): SC 1 Jul 2015
The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001
The defendant had been involved in price fixing arrangements, and the claimant sought damages for breach of its proprietary rights. The claimant appealed refusal of an award an account of profits for what was akin to a breach of statutory duty. Held: The appeal failed. An account of profits should be available in a cartel … Continue reading Devenish Nutrition Ltd v Sanofi-Aventis Sa (France) and others: CA 14 Oct 2008